By
Tom McDermott
While most Republicans are clearly optimistic about the confirmation of John Ashcroft as attorney general, a defeat would weaken George W. Bush's influence over the Congress and would virtually assure he would be unable to appoint a Antonin Scalia-type strict constructionist to the Supreme Court. Although history is on Ashcroft's side, some Democrats would gladly reject one of their former colleagues and slaughter their sacred cow of bipartisanship in exchange for such a victory.
Of course, the usual cadre of left-wing interests groups like National Abortion and Reproductive Rights Action League and the National Association for the Advancement of Colored People have already begun the distortions of Ashcroft's record on civil rights and abortion. They try to sell the public on tales of everything from abortion clinic bombers getting away with murder to the return of segregation. They argue Ashcroft is "out of step" with mainstream Americans on these issues.
Few doubt that Ashcroft's resume qualifies him to serve, and most seem to agree he is a man of high integrity and resolve. So, is a principled conservative with an unwavering commitment to the rule of law really out of step with mainstream America? Or has he merely roused the ire of left-wing intellectuals trying to pass off ivory tower liberalism as middle America values?
Ashcroft will use all the resources of the Justice Department to pursue radical right-wing terrorists. But, much to the chagrin of Patricia Ireland and her allies, he will not use the Racketeer Influenced and Corrupt Organizations Act to stop peaceful prayer vigils at abortion clinics by labeling them as part of a larger criminal conspiracy.
Ashcroft will vigorously enforce federal firearms laws. He will, unlike the Bill Clinton-Janet Reno Department of Justice, recognize that the Second Amendment guarantees individuals the right to own firearms. By following the simple formula of enforcement plus liberty equals less crime, Ashcroft will succeed where Reno has failed miserably.
The Democrats know that convincing the public that Ashcroft is an extremist on abortion and gun control will be difficult-at least to anyone open minded enough to read about his record. So sadly, they may resort to playing the race card, Johnnie Cochran style.
John Ashcroft has a stellar record on civil rights and in promoting race relations. As governor of Missouri, he signed Martin Luther King Day into law and led the fight to save a college founded by black soldiers. He also voted to confirm 26 of 28 African Americans appointed by Clinton to the federal bench.
Ashcroft's successful campaign to defeat the nomination of one of those appointees, Missouri Supreme Court Justice Ronnie White, has branded him the chief target of the NAACP.
But the bottom line is that White was unfit for service on the federal bench. His reputation as a soft-on-crime left-wing activist judge was well known in the state of Missouri. His was the lone dissent in ruling to uphold the death sentence of multiple cop killer James Johnson.
Johnson brutally murdered three sheriff's deputies and a sheriff's wife in a 1991 killing spree. He was convicted and sentenced to death after pleading not guilty by reason of insanity. Justice White agreed that Johnson did not meet the legal definition of insanity, but felt that there was a reasonable likelihood that another attorney could have convinced a jury that Johnson was insane.
This is the kind of lowering of the bar for criminal defenses by activist judges that builds public mistrust of the justice system. Ashcroft opposed him because Judge White would have allowed a low-life cop killer another crack at a jury, just because he was not able to get off the first time.
After Ashcroft's confirmation as attorney general, there will be sweeping changes in the Department of Justice and the FBI. Intimidation of gun owners will give way to responsible enforcement of gun laws. Prudent enforcement of antitrust laws will replace attacks on successful companies funded by competitors' donations to the president's campaign.
And most importantly, the rule of law will finally supersede the protection of the president above all.
